Malaysia Case Law

22 Feb 2021

1. QI SHENG SDN.BHD. 2. TAI WENG KEN 3. GOCO INDUSTRIES SDN. BHD. 1. FOONG YIT MENG 2. RADICAL GALAXY SDN.BHD.

Citation

WA-24IP-2-02/2020 (Mahkamah Tinggi)

Court

High Court

Case number

WA-24IP-2-02/2020 (Mahkamah Tinggi)

The plaintiffs lacked substantive locus standi and therefore were not 'aggrieved persons' under s.47 Trademarks Act 2019; the application was dismissed without reaching merits. Further, plaintiffs were estopped from challenging the defendants' marks due to the prior Trade Description Order and related findings, precluding relitigation; costs awarded to defendants.

• Invalidation of trademark
• Locus standi (aggrieved person)
• Passing off
• Fraud/misrepresentation in registration
• Distinctiveness
• Estoppel/res judicata

YEAP JOO KIM V ONG CHOO EAN

Citation

YEAP JOO KIM V ONG CHOO EAN

Court

Malaysian court

The court allowed removal because (1) the caveat was void in form: Form 19B failed to state whether it bound the whole land or only a particular interest as required by s.323, and (2) even if a serious issue existed as to an alleged trust, the balance of convenience favored removal since the caveator had only an in personam contractual remedy and had delayed four years without initiating substantive proceedings, thereby obstructing beneficiaries' transfers.

• Caveat
• Removal of caveat
• Locus standi (aggrieved person)
• Form 19b requirements
• Balance of convenience
• Declaration of trust